Most of us participate in some form of social media, such as Facebook, Twitter, or Instagram. But because social media makes it so easy to keep in touch with friends, family members, and colleagues, we often forget that most of what we post to these sites become public record. There…
Marietta Injury Lawyer Blog
Georgia Judge Erred in Requiring Expert Testimony to Prove Woman Died in House Fire
Expert testimony is often a critical component of a personal injury case. Judges and jurors are not technical experts and often require assistance in understanding evidence. When it comes to “simple negligence,” though, expert testimony is generally unnecessary. A jury does not need help when common sense is sufficient to…
Georgia Court Rejects “Negligent Supervision” Claim Against Bar Owner Following DUI Accident
Is a bar owner responsible if a patron has too many drinks and subsequently gets into a car accident that injures an innocent third party? In some cases, the answer is “yes.” Like many states, Georgia has a dram shop law that applies to anyone who “sells, furnishes, or sells…
Atlanta Court Says Helmet Reseller Not Liable for Bicycle Accident Injuries
Georgia’s product liability law allows a consumer injured by a dangerous or defective product to sue the manufacturer for damages. George employs a “strict liability” standard, which means the manufacturer is responsible even if there was no evidence that it was negligent. This strict liability rule only applies to actual…
Hospital Wheelchair Accident is Negligence, Not Malpractice
There are stricter rules in Georgia for bringing a medical malpractice lawsuit versus other types of personal injury claims. Not surprisingly, hospitals often try to classify ordinary negligence cases as malpractice in order to make it more difficult for the plaintiff to pursue his or her claim. Byrom v. Douglas…
Insurer Not Liable For $1.2M Judgment in Fatal DUI Accident
Most car accident lawsuits in Georgia are handled by the negligent driver’s insurance company. If an insurer refuses to settle a personal injury claim “in bad faith,” said insurer may be liable for any judgment against the insured in excess of the policy’s normal limits. In other words, the insurance…
Family Fights Marietta Nursing Home for Justice in Mother’s Death
Many elderly Georgia residents are victims of nursing home abuse and neglect. In order to avoid potential personal injury and wrongful death lawsuits from injured patients, many nursing homes insist their residents sign “alternative dispute resolution” (ADR) agreements that require any negligence or malpractice claims be submitted to binding arbitration.…
Georgia Woman May Sue Doctor Following False Arrest for Prescription Abuse
Many medical malpractice cases involve a physician who prescribed the wrong type or dosage of medication, causing physical harm to the patient. Such negligence is obviously horrific and inexcusable. But the Georgia Court of Appeals recently considered a different sort of negligence case involving a physician and an incorrect prescription.…
Georgia Court Defines “Occasional Rental” Exclusion in Homeowner’s Insurance Policy
A homeowner’s insurance policy offers important protections for both property owners and individuals who may suffer a personal injury on the subject property. But the precise scope of coverage depends on the language of the policy. For example, many homeowner’s policies exclude coverage for injuries suffered by tenants who rent…
Macon Shooting Victim Allowed to Proceed With Civil Suit Against Restaurant Owner
While many premises liability claims are based on the existence of a physical hazard—i.e., a customer slips and falls on a puddle of water—there are also cases in which a property owner may be liable for the criminal acts of third parties that cause personal injury to a patron. Recently,…